Huling v. Henderson

Citations

• 161 Pa. 553
• 29 A. 276
• 1894 Pa. LEXIS 733

Syllabus

<p>Damages — Vindictive damages — Wanton injury — Evidence.</p> <p>Exemplary or vindictive damages may be given for wanton and intentional violation of rights, or circumstances of aggravation.</p> <p>In an action to recover damages for wantonly destroying shade trees in front of plaintiff’s house, the evidence tended to show that defendant, who lived in the adjoining house, in plaintiff’s absence trimmed the trees on the sidewalk very severely, and at an improper season, and that, of all those trimmed, only those died that were in the way of defendant’s view. A witness also testified that defendant asked him to so trim the trees as to kill them. Held, that the evidence was sufficient to justify the court in charging that, if defendant willfully and intentionally killed the trees, the jury might give the fullest damages warranted by the evidence, “the highest compensatory damages measured by the severest rule.”</p> <p>In the above case the fact that a land company instructed defendant to trim the trees would not relieve him from exemplary damages, if he did the work in a wanton and malicious manner.</p> <p>Streets — Property in trees on sidewalk.</p> <p>Plaintiff bought his land by metes and bounds referable to a town plot calling for a street. There was no evidence that the town authorities accepted the street as a public highway. Held, that plaintiff had sufficient property right in the trees on the sidewalk to sustain an action against a stranger for the wanton destruction of the trees.</p> <p>Evidence — Objection—Immaterial error — Damage to trees.</p> <p>In an action to recover damages for the destruction of shade trees, plaintiff’s wife testified as to the damage: “I claim that it will be three hundred dollars, that much damage to our property on account of the shade, if nothing else. They shaded the yard nicely.” Upon a general objection to the testimony the trial judge suggested that the witness could be cross-examined as to her means of knowledge. This was d